New York PSC Denies ESCOs' Sought Extension Of Compliance Deadline For New Law Governing Registration Of Brokers, Consultants

The Secretary of the New York PSC has denied an extension of the deadline for compliance with Section 66-t of the Public Service Law (PSL), the new energy broker & consultant law, until sixty (60) days after the PSC issues a decision on the Department of Public Service Staff’s (DPS Staff) Proposal Regarding Registration of Energy Brokers and Energy Consultants

Provisions under the new statute governing the registration of brokers and consultants, PSL section 66-t, are to take effect 180 days after enactment -- on June 21, 2023.

However, DPS Staff's proposal to implement the new broker/consultant law remains pending before the PSC and the Commission’s next session is not until June 22, 2023, one day after the law becomes effective

The Retail Energy Supply Association (RESA) had requested the extension

The PSC's Secretary issued a letter stating, "our request to extend the deadline for compliance with the statute seeks to have the Commission perform an action that is ultra vires. The Commission does not have the authority to postpone the effective date of legislation. Accordingly, the extension request is denied."

RESA had specifically requested an extension of the "deadline for compliance" with PSL section 66-t until sixty (60) days after the Commission issues a decision on the Proposal.

Case 23-M-0106